The role of the accountant has changed significantly in recent years. No longer are their services limited to auditing financial statements and preparing tax returns. Accountants have now become an integral part of many businesses exposing them to many challenges.
Among the examples of professional liability matters we have assisted accounting firms with are:
Advising a Big Four accounting firm in connection with communications with an audit committee of an SEC registrant
Acting as co-counsel on a $63 million action brought against a national firm in connection with audit and compilation engagements for a public company
Defending a major accounting firm in a $1 million action claiming negligence in the course of review work
Defending a major accounting firm in an action alleging negligence in failing to advise of non-resident withholding tax in a review engagement
Counseling a firm in an application demanding working papers by a party to a commercial dispute
Counseling to a firm in an application demanding examination for discovery of an accountant and related working papers by a party to a commercial dispute
Defending a national accounting firm against allegations of negligent advice given in respect of an income tax rollover transaction. In the midst of trial, we successfully negotiated a discontinuance of action against the firm without costs
Defending a national predecessor firm in an action brought by a national real estate developer, alleging that tax advice provided in respect of its MURB developments was negligent. The action was dismissed at an early stage of the litigation without costs
Defending an accounting firm after a mortgage company in Alberta failed and the investors commenced an action against the Province and the accounting firm. The action against our client was dismissed by the trial judge
Counseling national firm in the course of an inquiry, professional disciplinary proceedings and subsequent lawsuit claiming $200 million. The action settled for a minimal payment
Advising a national firm regarding allegations of negligence in providing audit and accounting services for two chartered banks. We reviewed the matter and advised against participating in a proposed mediation, resulting in no further proceedings against our client
Defending a national firm in over 15 lawsuits brought against the firm for total amounts in excess of $35 million in three jurisdictions, including class actions. After examinations for discovery and a successful mediation, these suits were settled
Counseling a national firm in connection with an investigation by the Alberta Securities Commission. The investigation was resolved with costs payable to the firm
Counseling a national firm in connection with a proposed multi-million dollar action and related Alberta Securities
Commission investigation and enforcement hearing. The Plaintiffs did not proceed with the action against the accounting firm
Defending a firm acting as Receiver of an electrical contracting company. After trial, a nominal payment was made to settle the claim against the Receiver. The action continued against the Defendant bank, which suffered a judgment against it for over $2 million
Defending a firm acting as a Trustee in Bankruptcy that was alleged to have failed to respond to a claim made by a secured creditor. The claim against the Trustee was summarily dismissed
Defending a chartered accountant in a small firm in disciplinary proceedings brought by the Provincial Institute
Advising a major firm as to the requirement for payment for intellectual property tax advice
Acting as counsel to the NWT Institute of Chartered Accountants in an investigation hearing looking into the conduct of a member
Defending an action brought against a national accounting firm for $10 million
Our professional liability lawyers have experience of representing accountants and their firms before the:
Institute of Chartered Accountants of Alberta (ICAA)
Certified Management Accountants of Alberta (CMA)
Certified General Accountants of Alberta (CGA)
Under the Regulated Accounting Profession Act (RAPA)
They have also made submissions to the Complaints Inquiry Commission, appeared before the Discipline Tribunal and the Appeal Tribunal. Our lawyers have also acted in hearings and in negotiating and finalizing Sanction Agreements.
Medical/Pharma
Among the examples of professional liability matters we have assisted physicians and physicians' associations with are:
Successfully assisting a physician in Yellowknife responding to a Medical Board of Inquiry hearing relating to complaints of breach of confidence
Representing a physician in Fort Smith charged with inappropriate conduct in conjunction with a medical examination
Representing a provincial medical association in making submissions on behalf of Alberta physicians to a Privacy Commissioner's Investigation regarding the sale of health provider information to an international Pharmaceutical Association
Defending a physician being sued by the estate of a former patient for damages arising from an alleged failure to detect and properly treat an infection
Representing several physicians called to give evidence at a Coroner's Inquest arising from the death of a patient while in RCMP custody
Defending physicians sued as a result of an alleged failure to properly monitor day passes granted to a psychiatric patient
Successfully assisting a physician in responding to a Medical Board of Inquiry complaint alleging medical misconduct in failing to detect cancerous growths in the context of annual physical examinations
Assisting a provincial medical association in responding to a complaint to the Privacy Commissioner for the Province of Alberta regarding an alleged failure to properly respond to a request for health information
Representing an NWT physician in appealing a health board's refusal to grant hospital privileges
Defending a pharmacist in a claim involving alleged dispensing of medication negligence resulting in a fatality
Representing an operator of a long term care facility ina Public Fatality Inquiry
